On June 18, 2019, Connecticut Governor Ned Lamont signed Substitute Senate Bill 3, publicly known as the “Time’s Up” bill and identified as Public Act 19-16.1 The law significantly changes the sexual harassment laws affecting Connecticut employers. A majority of these provisions will go into effect as of October 1, 2019.
Articles Discussing General Topics In Connecticut Employment Law.
Connecticut Set to Offer Most Generous Paid Family Leave Benefits in the Country
Connecticut continues to add to its roster of employee-friendly laws, leaving businesses throughout the state to figure out how best to address the resulting changes. The legislative session closed on June 5, 2019, with laws pertaining to paid family leave, sexual harassment training, whistleblower protections, and non-compete agreements awaiting likely signature by Governor Ned Lamont; a bill enacting changes to the state minimum wage law has already been signed.
Connecticut to Join the Increasing Number of States Enacting a $15 Minimum Wage Law
With Governor Ed Lamont pledging to sign it into law, Connecticut will become the latest state to pass a $15.00 per hour minimum wage bill joining, among other states, its Northeast neighbors New York, New Jersey and Massachusetts, in doing so.
Connecticut the Latest State to Increase the Statewide Minimum Wage to $15 per Hour
On May 17, 2019, Connecticut lawmakers passed House Bill 5004, “An Act Increasing the Minimum Fair Wage,” which raises the state’s minimum wage, in increments, to $15 per hour by 2023. Governor Ned Lamont has pledged to sign the bill.
Connecticut Issues Guidance on Pregnancy Accommodation
On April 23, 2019, the Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices Bluepaper as guidance for employers with three or more employees facing accommodation requests from employees for pregnancy, childbirth, or related conditions.
Legislative Update on Proposed Labor and Employment Bills Affecting Connecticut Employers
As we move deeper into the 2019 legislative season, the Connecticut General Assembly is considering several proposed bills in the state House and Senate that—if enacted—would affect employers in significant ways. With a substantial Democratic majority in both the House and the Senate—and a newly elected Democratic governor—there is a good chance that several employee-friendly bills will pass this year, including a new paid family and medical leave program. Below is an overview of the more meaningful bills that were recently reported out of the Labor and Public Employees Committee for review and action by the full Connecticut House and Senate.
Connecticut to Implement Mandatory IRA Program for Private-Sector Employees in 2019
The State of Connecticut has announced that in January 2019 it will begin requiring private-sector employers without their own workplace-based retirement plans to enroll employees in Individual Retirement Arrangements (IRAs) sponsored by the state. The requirement stems from legislation enacted in 2016 that is intended to help employees save for retirement.
Zero-Tolerance Policy Didn’t Justify Refusing to Hire Medical Marijuana User in Connecticut
A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the employer was a federal contractor applying its zero-tolerance drug-testing policy. See Noffsinger v. SSC Niantic Operating Co., LLC, 2018 U.S. Dist. LEXIS 150453 (D. Conn., Sept. 5, 2018).
Connecticut Continues to Extend Protections to Employees under State Medical Marijuana Law, Rejects Federal Preemption Defense
A Connecticut federal court has issued another decision in the case of Noffsinger v. SSC Niantic Operating Company LLC, further expanding protections to individuals who are qualified under Connecticut’s Palliative Use of Marijuana Act (PUMA) to use marijuana. In 2017, the same court held that various federal laws prohibiting use and sale of marijuana do not prohibit employers from hiring individuals who use marijuana in compliance with state law.1 The decision, Noffsinger I, was also the first to imply a private cause of action under PUMA’s employment anti-discrimination provisions.
Connecticut Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination
A federal court in Connecticut has held that refusing to hire a medical marijuana user who tested positive on a pre-employment drug test violates the state’s medical marijuana law. The Court granted summary judgment to the applicant on her claim for employment discrimination but declined to award her attorneys’ fees or punitive damages. The Court also dismissed her claim for negligent infliction of emotional distress. Noffsinger v. SSC Niantic Operating Co., LLC, d/b/a Bride Brook Health & Rehab. Ctr., 2018 U.S. Dist. LEXIS 150453 (D. Conn. Sept. 5, 2018).
Refusing to Hire Medical Marijuana User Violates State Law, Connecticut Court Holds
Refusing to hire a medical marijuana user because she tested positive on a pre-employment drug test violates Connecticut’s medical marijuana law, a federal court in Connecticut has held, granting summary judgment to the job applicant on her employment discrimination claim. Noffsinger v. SSC Niantic Operating Co., LLC, d/b/a Bride Brook Nursing & Rehab. Ctr., No. 3:16-cv-01938, 2018 U.S. Dist. LEXIS 150453 (D. Conn. Sept. 5, 2018).
This and That: Joint Employer Standards and Class Action Tolling
Last week, the NLRB announced that it would be issuing proposed rulemaking on joint employer standards this summer.
Connecticut Bans Inquiries into Applicants’ Wage and Salary History
Connecticut is the latest state to prohibit employers from asking prospective employees about past compensation. Effective January 1, 2019, employers may not ask (directly or through a third party) about a prospective employee’s wage and salary history unless the prospective employee volunteers the information.
Connecticut’s New Pay Equity Bill Prohibits Questions Regarding Prospective Employees’ Wage and Salary History
Connecticut Governor Dannel P. Malloy signed Public Act No. 18-8, “An Act Concerning Pay Equity,” into law on May 22, 2018, making Connecticut the sixth state to prohibit employers from asking applicants about salary history. California, Delaware, Massachusetts, Oregon and Vermont had previously adopted similar bans. The new Connecticut law will permit applicants to file lawsuits for damages and other remedies.
Connecticut Supreme Court: Health Care Providers Can Be Sued for Unauthorized Disclosures of Confidential Information
Physician practices and other health care providers respond to numerous requests for confidential patient information from patients and others. Mistakes made by employees fulfilling such requests for medical records or making similar disclosures can expose the practice to civil litigation.